Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 493 (c) of the Act, this regulation sets out the qualifications of a person appointed as a scrutineer.
Person is already a scrutineer
(2) A person is not qualified to be appointed, or to hold an appointment, as a scrutineer if the person has been appointed as a scrutineer for another party in relation to the protected action ballot.
Person is under legal restriction
(3) A person is not qualified to be appointed, or to hold an appointment, as a scrutineer if the person:
(a) is bankrupt; or
(b) is applying to take the benefit of any law for the relief of a bankrupt or insolvent debtor; or
(c) is less than 18 years old.
Person has been convicted of certain offences
(4) A person is not qualified to be appointed, or to hold an appointment, as a scrutineer if, before or after the commencement of this regulation, the person:
(a) has been convicted of an offence against a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer; or
(b) has been convicted of an offence against a Commonwealth, State or Territory law that involves dishonesty and is punishable by imprisonment for 6 months or longer; or
(c) has been the subject of an order by a court in relation to a civil remedy provision in connection with the negotiation of:
(i) a workplace agreement (whether or not as a bargaining agent); or
(ii) a State agreement under a State law; or
(d) has been convicted of an offence under the Act or the Criminal Code .
(5) A person to whom subregulation (4) applies is not qualified to be appointed, or to hold an appointment, as a scrutineer for a period of 5 years starting on the date of the conviction,
Leave to hold appointment as scrutineer
(6) A person who is not qualified to be appointed, or to hold an appointment, as a scrutineer under subregulations (2) to (4) may apply to the Court for leave to hold an appointment as a scrutineer.
(7) If the Court grants leave under this regulation, the Court may impose any conditions or restrictions that it thinks fit.
(8) The Court may at any time, on the application of the Workplace Authority Director, revoke leave granted by the Court under this regulation.